BIA dismissed my interlocutory appeal. If I later appeal a final order, do I have to pay the EOIR-26 fee again?
I am in removal proceedings and DHS filed a motion to pretermit my asylum, withholding, and CAT applications under the Ecuador ACA framework.
The Immigration Judge granted the motion to pretermit. I filed an EOIR-26 appeal and paid the new $1,030 filing fee.
The BIA did not rule on the merits. Instead, it dismissed the appeal as interlocutory and stated that I would have an opportunity for appellate review after the immigration court proceedings conclude.
My case is still pending in Immigration Court and I still have a future Master Calendar hearing scheduled.
My question is very specific:
If the IJ later enters a final order and I file a new EOIR-26 appeal challenging the same pretermission ruling, would I have to pay another $1,030 filing fee?
Has anyone seen a situation where the fee paid for a dismissed interlocutory appeal was credited, transferred, refunded, or applied to a later appeal from the final order in the same proceedings?
I am looking for actual experience, EOIR guidance, BIA practice, or regulatory authority if anyone has it. Thanks