Defense attorneys for ousted Venezuelan President Nicolas Maduro and his wife Cilio Flores filed a motion to dismiss criminal charges against them in the United States on September 3, 2026. ^[1] The defense team argued that Maduro and his wife possess diplomatic immunity as the head of state and first lady of a foreign country. ^[2] Defense attorney Barry Pollack filed two motions on behalf of deposed Venezuelan President Nicolás Maduro to dismiss his criminal case in the United States. ^[3] The first motion argues that US courts lack jurisdiction to prosecute Maduro because he is a de facto head of state entitled to sovereign immunity for official acts. ^[4] Former Venezuelan President Nicolás Maduro's legal team filed a motion with US federal authorities requesting the dismissal of criminal charges against him based on sovereign immunity. ^[5] Attorneys stated that no US court has ever prosecuted a foreign leader whose own country recognized them as president at the time of indictment. ^[6] Nicolás Maduro faces charges of conspiracy to commit acts of narco-terrorism, cocaine importation, and possession of automatic weapons. ^[7] The second motion requests the dismissal of the narco-terrorism conspiracy charge, asserting it fails to allege sufficient jurisdictional elements under US law. ^[8] Barry Pollack stated that Maduro was president of Venezuela when he was seized by US armed forces. ^[9] Barry Pollack, the lawyer for Maduro, argued that the accused are protected by judicial immunity granted to active presidents. ^[10] Attorney Barry Pollack argued that Maduro faces an unprecedented process that violates the absolute criminal jurisdictional immunity to which heads of state and foreign officials have a right for centuries. ^[11] Nicolás Maduro is currently detained in a federal prison in Brooklyn after being arrested during a US intervention in Caracas on January 3. ^[12]