Tocorón Watch
Cilia Flores moves to dismiss charges citing sovereign immunity
COURT DOCUMENT Document details
- Case
- United States v. Maduro Moros et al. · S.D.N.Y. No. 1:11-cr-00205
- Docket entry
- No. 324
- Filed
- Document
- Notice of Motion to Dismiss Based on Sovereign Immunity
- Original
- Court filing (PDF, English)
- Public docket
- CourtListener
Summary written from the filing; the document itself is the record.
Defense counsel for Cilia Adela Flores de Maduro filed a motion asking the court to dismiss Counts Two, Three, and Four of the Fourth Superseding Indictment against her, arguing sovereign immunity. The filing joins and adopts in full the memorandum of law previously submitted by co-defendant Nicolás Maduro Moros in support of his own motion to dismiss. Attached exhibits include a prior U.S. government suggestion of immunity in an unrelated case, letters from Venezuela's UN representative, and a State Department legal adviser letter on immunity of foreign officials.
- Court
- U.S. District Court, Southern District of New York (Manhattan) · case 1:11-cr-00205
- Judge
- Alvin K. Hellerstein · who he is
- Prosecution
- U.S. Attorney's Office, Southern District of New York (U.S. Attorney Jay Clayton)
- Defense
- Barry Pollack (Maduro) · Mark Donnelly (Cilia Flores)
- Next date
- September 30, 2026 · Defense reply on house arrest due
- Where it stands
- Maduro and Cilia Flores held at MDC Brooklyn since January 2026; both pleaded not guilty. Trial set for June 1, 2027. Hugo Carvajal pleaded guilty (June 2025) and awaits sentencing. Diosdado Cabello is charged but not in custody.
What it means
The defense contends that, as a Venezuelan government official, Flores cannot be criminally prosecuted in U.S. courts for acts tied to her official role, under the doctrine of sovereign immunity that shields heads of state and senior foreign officials. This is a legal request, not a ruling; the judge still must decide whether to accept or reject the argument.
What happens next
The motion is noticed to be heard on November 17, 2026 before Judge Hellerstein, the same date already set for the next hearing in the case.
In the document's own words
“for an order pursuant to Federal Rule of Criminal Procedure 12(b) dismissing Counts Two, Three, and Four of the Fourth Superseding Indictment as against her.”
“upon the Memorandum of Law submitted by defendant Nicolás Maduro Moros in support of his motion to dismiss (ECF 320-1), which Ms. Flores de Maduro joins and adopts in full”
How the court describes it (original, English)
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