On Tuesday, attorney Andrés Sánchez filed a new motion in a New York federal court aiming to dismiss all charges against Cilia Flores, the wife of Nicolás Maduro. This motion invokes sovereign immunity for the second time, as reported by EFE.
Sánchez's legal argument hinges on one key point: if Washington acknowledges Delcy Rodríguez's government as the Venezuelan authority, then by that logic, Maduro retains the presidency and the immunity that comes with being a head of state, according to the defense.
To support his case, Sánchez referenced a statement from a senior State Department official on October 26, indicating that Rodríguez must declare a "permanent vacancy" in the Venezuelan presidency—a process that remains unfulfilled.
"A position is declared vacant when it is occupied by someone. Therefore, according to the Executive's own account, the position whose immunity Venezuela invokes belonged to Mr. Maduro as of January 3, 2026, and he is currently absent from it for one reason: he is in U.S. custody," Sánchez argued in the motion, as recorded by EFE.
The lawyer also emphasized that the Venezuelan state remains steadfast in its stance. "Venezuela has not renounced anything; its constitutional order considers Mr. Maduro's absence forced, with the vice president still acting in his stead," he added.
Prosecutors Disagree: U.S. Hasn't Acknowledged Maduro Since 2019
The prosecution adamantly opposes this view, asserting that Maduro cannot claim sovereign immunity since the United States ceased recognizing him as Venezuela's legitimate president in 2019.
The prosecution has until November 30 to submit its formal response. A crucial hearing on sovereign immunity motions is set for December 17, 2026.
Expanded Charges Against Flores and Maduro
The motion comes weeks after the Southern District of New York's prosecution expanded charges against Flores and Maduro, adding conspiracy to commit torture and, specifically for Flores, a conspiracy related to narcoterrorism.
The initial plea for sovereign immunity by Flores's defense was made on September 2. The renewed motion directly responds to the expanded indictment of October 15, when the prosecution accused Maduro and Flores of torturing American citizens in Venezuelan intelligence facilities, including former Marine Matthew Heath and Osman Khan.
The original charges—narcoterrorism conspiracy, cocaine importation conspiracy, and possession of destructive weapons—carry minimum sentences ranging from ten to thirty years, with a possibility of life imprisonment. Both have pleaded not guilty at every stage.
Health Concerns Surrounding Cilia Flores
Alongside the legal proceedings, Flores's health condition adds another layer to the case. The New York Times reported she suffered a mild heart attack on July 29, lost more than 25 pounds and two teeth since her capture, and has been prescribed nitroglycerin for chest pain.
Flores, now 70, endured three months in solitary confinement and currently sleeps only three to four hours per day. Three cardiologists recommended a cardiac catheterization, yet the prosecution noted that she refused the procedure while incarcerated.
In October, Judge Alvin K. Hellerstein denied her request for house arrest on health grounds, citing "extreme flight risk." Following Judge Hellerstein's passing, Judge Analisa Torres took over the case on October 29.
If the court dismisses the new sovereign immunity motion, the case will proceed to a trial scheduled for June 14, 2027, where Maduro and Flores will face the full breadth of the charges against them.
Understanding the Legal Battle Involving Cilia Flores
What is the basis of Cilia Flores's defense in seeking to dismiss the charges?
Flores's defense argues for the dismissal of charges based on sovereign immunity, claiming that if the U.S. recognizes Delcy Rodríguez's government, then Maduro retains presidential immunity.
Why does the U.S. prosecution oppose the motion for immunity?
The U.S. prosecution opposes the motion because it does not recognize Nicolás Maduro as the legitimate president of Venezuela since 2019, and therefore argues that he cannot claim sovereign immunity.
What additional charges have been brought against Flores and Maduro?
Beyond the initial charges of narcoterrorism and cocaine importation conspiracy, the prosecution has added conspiracy to commit torture and, for Flores, additional conspiracy related to narcoterrorism.