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Keywords

defendantattorneyprosecutorbad faith
defendantattorneyprosecutorbad faith

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Reyes-Romero; U.S. v.

Facts

Reyes-Romero, a noncitizen from El Salvador, was removed from the U.S. in 2011 after an administrative removal proceeding initiated by DHS. He later returned to the U.S. without inspection and was indicted for unlawful reentry under 8 U.S.C. 1326. Reyes-Romero moved to dismiss the indictment, claiming the removal order was invalid due to procedural errors in the removal process. The district court initially awarded him attorney's fees under the Hyde Amendment, finding the prosecution frivolous and in bad faith.

The relevant background can be divided into three stages. First, Reyes-Romero, a noncitizen, was subject to an administrative removal proceeding and removed from the country. Second, he returned to the United States and was prosecuted for unlawful reentry, a charge that he collaterally attacked under 8 U.S.C. 1326(d) and that the District Court ultimately dismissed. Third, he sought and was awarded attorney's fees and costs under the Hyde Amendment.

Issue

Did the district court err in awarding attorney's fees and costs under the Hyde Amendment, and was the prosecution of Reyes-Romero for unlawful reentry frivolous or in bad faith?

Did the district court err in awarding attorney's fees and costs under the Hyde Amendment, and was the prosecution of Reyes-Romero for unlawful reentry frivolous or in bad faith?

Rule

Under the Hyde Amendment, a prevailing defendant in a federal criminal prosecution can apply for attorney's fees and costs if the prosecution was vexatious, frivolous, or in bad faith, requiring a showing of pervasive prosecutorial misconduct.

Under the Hyde Amendment, a prevailing defendant in a federal criminal prosecution can apply to have his attorney's fees and costs covered by the government. Such an award is appropriate only if the defendant shows that 'the position of the United States' in the prosecution 'was vexatious, frivolous, or in bad faith.' Pub. L. No. 105-119, 617, 111 Stat. 2440, 2519 (1997) (codified at 18 U.S.C. 3006A app.). That standard is demanding, and it requires far-reaching prosecutorial misconduct affecting the criminal case 'as an inclusive whole.' United States v. Manzo, 712 F.3d 805, 810 (3d Cir. 2013).

Analysis

The court analyzed whether the district court's findings regarding the prosecution's conduct were entitled to preclusive effect. It determined that the government had probable cause to believe Reyes-Romero was guilty of unlawful reentry, and the alleged prosecutorial misconduct did not meet the demanding standard required under the Hyde Amendment. The court concluded that the district court's award of fees was not justified.

The court analyzed whether the district court's findings regarding the prosecution's conduct were entitled to preclusive effect. It determined that the government had probable cause to believe Reyes-Romero was guilty of unlawful reentry, and the alleged prosecutorial misconduct did not meet the demanding standard required under the Hyde Amendment. The court concluded that the district court's award of fees was not justified.

Conclusion

The court reversed the district court's award of attorney's fees and costs to Reyes-Romero, concluding that the prosecution was not frivolous or in bad faith.

The court reversed the district court's award of attorney's fees and costs to Reyes-Romero, concluding that the prosecution was not frivolous or in bad faith.

Who won?

The United States prevailed in the case because the court found that the prosecution was not frivolous and that the district court's findings did not warrant the award of attorney's fees under the Hyde Amendment.

The United States prevailed in the case because the court found that the prosecution was not frivolous and that the district court's findings did not warrant the award of attorney's fees under the Hyde Amendment.

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