In September 2019, a lawsuit was filed challenging his asylum directives, partially on the basis that his appointment was invalid. On March 1, 2020 US District Court Judge Randolph D. Moss ruled that Cuccinelli was not lawfully appointed to serve as acting director and therefore lacked authority to issue two of the directives challenged in the lawsuit. Because the case was not filed as a class action, Moss was "unconvinced" that his relief should be extended to other asylum seekers not part of the original suit. On August 12, 2020, the government dropped its appeal in the case.