The Russian, who scored the opening goal of the game, received a suspension after being shown three yellow cards in last season's competition while playing for Villarreal.
As Villarreal lost the semi-final tie to Barcelona in which he received his final booking, that ban has not yet been served.
Cadiz president Manuel Vizcaino confirmed in a press conference after the match that the club will report Madrid to the Spanish Football Federation over the incident.
Before full-time Fran Canal, the club's legal adviser, told Canal Plus: "We will respect Real Madrid, but our fans and our members always want the best for Cadiz. If there is a chance [of the rules being broken] we will report it.
"I have checked all the banned players that the Spanish FA reports at the beginning of the season and this player had a one-game ban.
"Considering this is the first Copa del Rey game this season for Real Madrid, he could not have played. I insist in not rushing on this - from Cadiz we want to respect Real Madrid."
Home supporters could be heard chanting 'Cheryshev is banned' and '[Rafael] Benitez, check Twitter' - where the news was being broken - after Cheryshev had put Madrid into a 1-0 lead. Cheryshev was then substituted by Benitez for Mateo Kovacic at half-time.
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