As of September 30, 2009, FDSDI had 283 open appellate cases. Over the past fiscal year, FDSDI opened 124 appellate cases and closed 36. During that year, the Court of Appeals entered approximately 70 appellate decisions in FDSDI cases. Among those decisions, FDSDI gained relief on behalf of its clients in 13 of them. Fourteen of the Court of Appeals'various decisions were published, and FDSDI prevailed in four of those.

The published reversals included significant opinions. FDSDI prevailed in the decision in United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir.2009), which was the first post-Booker published decision finding a within-guidelines sentence substantively unreasonable. FDSDI prevailed in United States v. Aguila-Montes de Oca, 553 F.3d 1229 (9th Cir. 2009), in which the Ninth Circuit abandoned a line of cases lasting nearly 20 years, and held that California burglaries are not "generic burglaries" under federal law. In Owino v. Napolitano, 575 F.3d 952 (9th Cir. 2009) and Owino v. Holder, 575 F.3d 956 (9th Cir. 2009), FDSDI prevailed in challenges to an alien's deportation order as well his indefinite detention.

FSDSI also filed numerous petitions for writs of certiorari. In at least seven of them, the Supreme Court ordered a response. Of those cases, only one has been resolved thus far. The remaining six are pending.

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