Sergei Zolotukhin v. Alberto R. Gonzales, Attorney General

Sergei Zolotukhin, a native and citizen of Russia, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming without opinion the immigration judge’s (IJ) denial of his application for asylum, withholding of removal, protection under the Convention Against Torture (CAT), and voluntary departure. Zolotukhin also raises several due process claims. We have jurisdiction under 8 U.S.C. § 1252 (a). The evidence in the record does not compel us to conclude that the BIA erred in denying Zolotukhin asylum, withholding of removal, or CAT relief. Nonetheless, we grant the petition and remand for a new hearing, because Zolo- tukhin’s hearing did not comport with due process.

I

“The Fifth Amendment guarantees due process in deportation proceedings.” Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999). “A neutral judge is one of the most basic due process protections.” Castro-Cortez v. INS, 239 F.3d 1037 , 1049 (9th Cir.2001). The record shows that the IJ improperly prejudged the petitioner’s case. The IJ stated in the middle of the hearing: “As far as his testimony was that he actually attends the church as often as he does, I don’t believe him. But even if I…