Closing an amparo file over court assignment can be appealed via queja
Complaint appeal (recurso de queja). Under article 97, section I, subsection e), of the Amparo Law, it is available against an order closing the case as a result of a case-assignment issue based on prior knowledge.
Official heading (Spanish): RECURSO DE QUEJA. EN TÉRMINOS DEL ARTÍCULO 97, FRACCIÓN I, INCISO E), DE LA LEY DE AMPARO, PROCEDE CONTRA EL ACUERDO DE ARCHIVO DEL ASUNTO DERIVADO DE UNA CUESTIÓN DE TURNO POR CONOCIMIENTO PREVIO.
The ruling
A District Court found that another court had prior knowledge of the case under the former Federal Judicial Council's internal rules; the other court took the case and the first one closed its file. The Collegiate Circuit Court held that a complaint appeal under article 97, section I, subsection e), of the Amparo Law is available against that closure, because it prevents a judgment and causes irreparable harm.
Our take
This is a procedural precedent with practical effects. Prior-knowledge assignment rules can move an amparo to a court other than the one where it was filed. The court confirms that the closure is not an unchallengeable internal step: if the transfer was improper, there is a remedy. Our view: use it with judgment. Not every change of court is harmful, and a complaint without a clear grievance only causes delay. When there is one, the deadline runs from notice of the closure, so do not wait.
What to do
- Promptly review any closure order based on prior knowledge and check whether the transfer was correct.
- Assess whether the change of court affects the stay or strategy before filing the complaint appeal.
- Track the company's related amparo cases to anticipate prior-knowledge assignment rules.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- XVII.2o.1 K (12a.)
- Digital registry
- 2032573
- Published
- August 28, 2026
- Area
- Amparo and constitutional
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.