Torres-Cibriam

MEMORANDUM **

In this consolidated appeal, Jesus Antonio Torres-Cibriam, a native and citizen of *729 Mexico, petitions for review of two BIA orders: (i) affirming the IJ’s decision that he was ineligible for waiver of inadmissibility under 8 U.S.C. § 1182 (h) and (ii) denying his motion to reopen based on the expungement of his 1992 state conviction for possession of marijuana. We grant the petition for review of the IJ’s decision, dismiss as moot the petition for review of the order denying the motion to reopen and remand for further proceedings.

According to the BIA’s own rules, the IJ may not attempt to elicit a confession concerning criminal behavior without first providing the petitioner an explanation of the essential elements of the crime. See Pazcoguin v. Radcliffe, 292 F.3d 1209, 1216 (9th Cir.2002) (holding that for an admission to qualify as having been validly obtained, the applicant “must have been provided with the definition and essential elements of the crime prior to his admission” (emphasis added) (citing In re J, 2 I. & N. Dec. 285 , 287(BIA) (“An adequate definition of the crime, including all essential elements, must first be given to the alien.”))).…