King v. Immigration Enforcement Review Board

Court: Superior Court of Cobb County
Case Number: 18-1-00576-53
Decision Date: February 25, 2019
Case Type: Quo Warranto
Related Documents: AG-Opinion-2011-4.pdf
Related Documents: King-v-IERB.pdf
The Cobb County Superior Court denied an application for quo warranto challenging the ability of two appointed members of the Immigration Enforcement Review Board (IERB) to remain in their appointed seats beyond their terms. The petitioner, King, argued that state law provided for board members of the IERB to be appointed for two year terms until their successors were duly appointed and qualified. King further argued that state law specifically stated that board members could be "reappointed to an additional term" which he further argued meant they could only be appointed to one additional term. The two board members in question had each been appointed once, reappointed for an additional two year term, but had remained on the board past the date of the end of the second two-year term. 

The Superior Court of Cobb County held that the two board members were obligated to serve until their replacements were appointed and qualified, however long that may be. Furthermore, the court held that the state law did not limit board members to solely one additional term but allowed as many additional terms as the appointing party chose. Concluding, the court held that the two board members were lawfully serving on the IERB and could continue to serve on the IERB until their replacement were duly appointed and qualified. Therefore, the court denied King's petition for quo warranto.