Maduro Has Until Wednesday to Seek Immunity in U.S. Court

Nicolás Maduro’s legal team has until Wednesday to ask a federal court in New York to recognize his sovereign immunity and dismiss the criminal case against him.

Judge Alvin Hellerstein set the deadline for the defense filing and gave federal prosecutors until Oct. 2 to respond. The court scheduled oral arguments for Nov. 17, before a trial expected to begin in June 2027.

Maduro’s lawyer, Barry Pollack, is challenging the jurisdiction of U.S. courts and the legality of the military operation carried out in Caracas on Jan. 3. The operation ended with Maduro’s capture and transfer to U.S. territory. “Nicolás Maduro enjoyed immunity as the head of a sovereign state at the time of his capture, so the legality of his seizure and de facto extradition is being challenged,” Pollack argued during Maduro’s first court appearance on Jan. 5.

Maduro remains held at the Metropolitan Detention Center in Brooklyn. The indictment includes charges of conspiracy to commit narcoterrorism and cocaine importation. His wife, Cilia Flores, faces allegations related to drug trafficking and possession of firearms.

The case recalls the 1990 proceedings against former Panamanian leader Manuel Antonio Noriega. U.S. courts rejected Noriega’s immunity claim after his capture in 1989. Prosecutors argue that Maduro’s situation differs because, although he formally held Venezuela’s presidency when the military operation took place, Washington withdrew its diplomatic recognition of him as the country’s legitimate leader in 2019.

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Nicolás Maduro enjoyed immunity as the head of a sovereign state at the time of his capture, so the legality of his seizure and de facto extradition is being challenged.