explicitly determined whether equitable tolling is allowed by section 2244(d). See Lawrence v. Florida, 549 U.S. 327, 336, 127 S.Ct. 1079, 166 L.Ed.2d 924 (2007) (assuming but not deciding that equitable tolling applies to section 2244(d)). We have held that it is. See Harris, 515 F.3d at 1054 n. 4. The Supreme Court did hold, in Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 2366, 168 L.Ed.2d 96 (2007), that a habeas petitioner's timely notice of appeal is a prerequisite to federal appellate jurisdiction, and therefore the federal courts are without power to make equitable exceptions to the time limit. However, we agree with the Second Circuit that Bowles did not invalidate equitable tolling of the AEDPA statute of limitations. See Diaz v. Kelly, 515 F.3d 149, 153—54 (2d Cir.2008) (<HOLDING>); Harris, 515 F.3d at 1054 n. 4 (holding, after
holding that the untimely petition in that case tolled the aedpa statute of limitations holding that a district court has the authority to raise the aedpa statute of limitations on its own motion holding that the aedpa statute of limitations is not jurisdictional recognizing that the statute of limitations provision of the aedpa is an affirmative defenses rather than jurisdictional holding that this courts sixyear statute of limitations is jurisdictional