Only two days to appeal a judge's silence on the suspension
Complaint appeal (recurso de queja) in indirect amparo. It must be filed within two business days when challenging the failure to rule on the immediate or provisional suspension (article 98, section I, of the Amparo Law).
Official heading (Spanish): RECURSO DE QUEJA EN AMPARO INDIRECTO. DEBE INTERPONERSE DENTRO DEL PLAZO DE DOS DÍAS HÁBILES CUANDO SE IMPUGNE LA OMISIÓN DE PRONUNCIARSE SOBRE LA SUSPENSIÓN DE PLANO O PROVISIONAL (ARTÍCULO 98, FRACCIÓN I, DE LA LEY DE AMPARO).
The ruling
Collegiate Circuit Courts disagreed on the deadline for a complaint appeal against a judge's failure to rule on the immediate suspension when acting on an indirect amparo complaint. The Regional Plenary Court held the deadline is two business days under article 98, section I, of the Amparo Law, counted from when the silent order takes effect.
Our take
This is a procedural ruling with immediate consequences. A failure to rule on the suspension is not treated as an ongoing omission but as an act with a fixed date: the order that should have addressed it. In urgent matters such as frozen accounts, restricted digital seals or seizures, missing those two days can be decisive. Review every admission order the day it is served and, if the suspension is not addressed, file the complaint appeal immediately. Waiting for the judge to self-correct is no longer a safe option.
What to do
- Review each admission order the day it is served to confirm the suspension was addressed.
- If not, file the complaint appeal within the following two business days.
Details
- Court
- Regional Plenary Courts
- Type
- Binding precedent (jurisprudencia)
- Identifier
- Número
- Digital registry
- 2032275
- Published
- June 12, 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.