But Moyes admits West Ham are yet to decide if they will appeal against the Argentinean's two-match ban before Tuesday's deadline of 6pm.
"I am a bit surprised because of the incident in the game," Moyes said.
"The referee was 10 yards from the ball with nothing blocking his vision.
"It is clear to see the defender makes an attempt to go for the ball and doesn't get it. From my point of view, they are going against the referee, whoever the panel were."