The U.S. Court of Appeals for the Tenth Circuit recently held that the government’s burden of proving that a noncitizen is removable does not include a requirement that it show that the underlying criminal conviction satisfied the Sixth Amendment right to counsel. Waugh v. Holder, No. 10-9551, slip op. (10th Cir. June 22, 2011) (Holmes, McKay, and Porfilio, J.). Judge McKay wrote the panel’s decision. This case involved an LPR convicted of unlawful sexual conduct with a minor in Utah. Waugh “argued that the government had to prove, as part of its burden to establish grounds for removal by [...]