The Justice Department has submitted a filing Friday to dismiss the Hunter Biden plea deal case in Delaware.

On July 26, Hunter Biden's plea deal fell apart during his first court appearance and he pleaded "not guilty" as federal prosecutors confirmed the president's son is still under federal investigation.

Hunter Biden was expected to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax, as part of plea deal to avoid jail time on a felony gun charge.

"At the hearing on July 26, 2023, the Defendant did not plead guilty and therefore did not waive venue," the filing says.

"After the hearing, the parties continued negotiating but reached an impasse," it continues. "A trial is therefore in order. And that trial cannot take place in this District because, as explained, venue does not lie here."

Hunter Biden's legal team has until Monday to respond.

This is a developing story. Please check back for updates.

Fox News' Brooke Singman, David Spunt and Jake Gibson contributed to this report.