Warsameh

MEMORANDUM **

Petitioner Ahmed Mohamed Warsemeh, a native and citizen of Somalia, petitions for review of the Board of Immigration Appeal’s (BIA) summary affirmance of the immigration judge’s (IJ) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture. The IJ also found that Warsemeh’s application was frivolous.

The IJ found that Warsemeh lacked credibility on the basis of inconsistencies in Warsemeh’s testimony, false statements on a form filed in support of his asylum application, and the IJ’s appraisal of his demeanor. We review the IJ’s decision because it was summarily affirmed by the BIA without opinion, and is thus the final agency determination. 8 C.F.R. § 1003.1 (e)(4); Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir.2003). We find that there is substantial evidence to support the IJ’s adverse credibility determina *698 tion and the finding of frivolousness, and therefore deny the petition.

Adverse credibility determinations must be supported by substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Deference is given to the IJ’s credibility determination, because the IJ is in the best position to…

dissenting.

The Immigration Judge found Warsameh incredible based on insignificant discrepancies in his testimony. I believe that the minor inconsistencies in Warsameh’s testimony cannot support the Immigration Judge’s adverse credibility determination. See Osorio v. INS, 99 F.3d 928, 931 (9th Cir.1996). Warsameh gave plausible explanations for all minor inconsistencies in his testimony, see Garrovillas v. INS, 156 F.3d 1010, 1014 (9th Cir.1998), and the discrepancies between his testimony and the information in his Biographical Information Sheet (G-325 Form) are minor, and do not relate to his fear of persecution, see Bandari v. INS, 227 F.3d 1160, 1166 (9th Cir.2000). Finally, the IJ’s statements regarding Warsameh’s demeanor were speculative and fail to overcome the weight of Warsameh’s testimony. See Salaam v. INS, 229 F.3d 1234, 1238 (9th Cir.2000).

In short, the trivial errors in Warsameh’s testimony did not “go to the heart of the asylum claim, or reveal anything about [Warsameh’s] fear for his safety.” See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003). Warsameh’s testimony, taken as true, establishes past persecution and a well-founded fear of future…