MICHELLE L. PETERSON, Magistrate Judge.
Petitioner filed this 28 U.S.C. § 2241 immigration habeas action pro se to obtain release from immigration detention or a bond hearing. He has been detained without a bond hearing since May 21, 2018. The Government has moved to dismiss, arguing that Petitioner is lawfully detained under 8 U.S.C. § 1225(b)(1) and that his continued detention does not violate due process. (Dkt. # 7.) Petitioner did not file a response.
Having reviewed the Government's motion to dismiss, the Court concludes that because of the complex issues involved in this case, the interests of justice require that the Office of the Federal Public Defender be appointed to represent Petitioner in this matter. See 18 U.S.C. § 3006A(a)(2)(B). The statute, however, also requires a habeas petitioner to establish that he is financially eligible for appointment of counsel, and there is no information in the record regarding Petitioner's financial eligibility. Accordingly, the Court ORDERS:
(1) On or before
(2) The Clerk is directed to send Petitioner a copy of this order and an application to proceed in forma pauperis. The Clerk also is directed to send copies of this order to counsel for respondent, the Office of the Federal Public Defender, and the Honorable Ricardo S. Martinez.
(3) The Clerk shall RE-NOTE the Government's motion to dismiss (Dkt. # 7) for July 31, 2019. If the Court appoints the Office of the Federal Public Defender to represent Petitioner, it will re-note the motion to dismiss to allow for additional briefing.