U.S. District Judge Randolph Moss ruled Sunday that Cuccinelli was not lawfully appointed in June as acting director of U.S. Citizenship and Immigration Services.
Moss said the principal deputy role he assumed before taking the role was not the "first assistant" role listed under the Federal Vacancies Reform Act.
"This ruling is really something of an outlier," Cuccinelli said Monday. "You can expect an appeal, and we'll take intermediate steps to avoid any challenges, but it doesn't affect anything we're doing going forward."
Cuccinelli had issued directives under his tenure to reduce the time asylum-seekers in "credible fear" proceedings have to access legal counsel, and Moss said in his ruling those directives should also be nullified.
Cuccinelli also told Fox News those policies would be "effectively reissued and validated" as a "precautionary measure" while the appeal goes forward.
"It'll be business as usual until this is played all the way out," he said.