Born in Bronxville, New York, Hayes received a Bachelor of Science degree from Syracuse University in 1978, a Juris Doctor from Syracuse University School of Law in 1983, and a Master of Business Administration from the Martin J. Whitman School of Management at Syracuse University in 1983.

He was Chief of the Criminal Division for the Southern District of California's United States Attorney's Office from 1987 to 2003.

He served as adjunct faculty at Thomas Jefferson School of Law from 1989 to 1996.

He was an adjunct faculty member at the University of San Diego School of Law in 1998.

On May 1, 2003, Hayes was nominated by President George W. Bush to serve as a United States district judge of the United States District Court for the Southern District of California, to a new seat created by 116 Stat.