Updates in five minutes. Today the deadly accident for a crew along highway 17. Two workers were hit by a dump truck on the closed portion of this highway. Witnesses describe a chaotic scene. Michelle . Reporter really sad day here we now know that a 53yearold was killed in this accident. It happened right behind me. Investigators are still on scene trying to figure out what happened here but we do know a truck driver reversed hitting two of his coworkers. Its absolutely tragic. Its very sad. Reporter the truck in the Construction Zone near the mudslide along highway 17 struck two employees of granite Rock Construction who were working to clear the mudslide. He has confirmed a 53yearold man was killed at the scene and say his coworker 34yearold steven wittier from san jose was rushed to valley medical center. He was pinned under one of these large vehicles. They transported him rightway. Reporter it took emergency crews about 15 minutes to pull him out from under the truck. Were told he was conscious and talking to First Responders on scene. A construction worker nearby the truck was advisably distraught after the accident happened. Tonight the investigators say the investigation isnt complete yet but can say the truck was backing up when it hit the two men who were standing behind it. Its tremendously sad. Its going to effect all of us. These are people who are putting their lives on the line every single day. Reporter a spokesperson says that they are cooperating fully in the investigation. She also says the entire company is devastated by the loss that they suffered today. As for the construction on the mudslide, cal tranis expecting construction to be up and running tomorrow if the investigation is complete. Traffic is moving in both directions tonight albeit slow because of this weather. Reporting live on highway 17, im michelle roberts, nbc bay area news. Thanks, michelle. A massive mudslide the size of two football fields crashed into this home in the east bay and the homeowner was still inside at the time. Hes okay but this is what he has to deal with now, this muddy mess. Nbc bay areas joins us live where there is concern about more mudslides at this hour. Reporter you can still see the rain coming down right now. The ground is so saturated and the homeowner at first he thought it was thunder. It now knows it was the sound of all of this mud coming crashing down into his home and he had nowhere to go. Trapped inside his now destroyed bathroom. I started to see the back wall here coming in and snapping and breaking. Reporter mud and did he bring started seeping through the walls of his home on tuesday morning. Just crawl right over that mountain. Reporter he made it out alive but some of his most valuable possessions did not. My wallet and hardware with the kids photos is on the bottom of that some where. Reporter with another round of rain arriving and more mud sliding down the hillside above his house, the officials red tagged his home this morning and yellow tagged the house next door. This is the worst weve seen in terms of the landslide, this winter. Reporter now the concern is that the mud will move again as more rain continues to fall. Hopefully the hill be stablize. See if we get a break in the rain. Reporter and just moments ago that homeowner pulled up here, you can see his car right here, he is packing up inside, getting everything out and will be staying with a neighborhood until he can figure out when his home will be safe to go back to. The city tells me that all of the mud here behind me is on private property so its going to be up to all of the home owners here to figure out how to deal with cleaning it all up. Reporting live, nbc bay area news. Thank you. Hard to have a picnic now in this weather especially when all the tables and benches are underwater. What youre looking at now the scene at Lake Cunningham park in san jose, the storm causing the lake to overflow its banks. Crews are trying to pump that water into a nearby creek. Were keeping our eyes on the rising rivers and creeks. This was in downtown. Jeff ranieri youve been tracking the levels for several days. What are the changes that youre seeing tonight . Its continuing to add up in terms of down stream flooding while the heaviest rainfall has ended it really is all about the rushing and the napa rivers for some of our largest rises. The Russian River expecting a new crest at 34. 9 feet by 11 00 a. M. Tomorrow then this weekend it drops. The napa river in downtown napa going up to 24. 1 feet by 2 00 a. M. On friday for the crest and then well see it go down by saturday and sunday. And were also tracking the Alameda Creek hitting flood stage tonight at 10 00 p. M. And then much better this weekend. Ill have details on much drier weather ahead and when the next storm rolls in in about ten minutes. Thanks, jeff. Intense situation right now where people spent the day watching rising creeks. Christy smith is live with more on that. Reporter good evening. We were told that actually the heaviest part of the storm here was sometime around 2 00 this afternoon and i want to show you what people are saying is that those steps there that you see were actually covered with water here at the creek, this is what its looking like right now. The Sheriffs Department was patrolling many businesses here were closed some open but this storm hit hard and fast. Heavy rains pounded mill valley this morning sending a 60 foot tree crashing into a garage. Blocking access on south morning sun. I imagine until the storm blows through its going to be quite active, power lines and trees. Reporter Many School Districts cancelled classes. Creeks rose sand bags lined driveways and deputies checked on residents as the high tide brought flood waters. So thats why we came out to see how bad it was. Reporter as water receded some said it was worse earlier in the week, still resident clark french says its been a tough season. Wet and, you know, weve had the highest water weve had since weve lived here which is about seven years. Reporter now i did make a phone call to the sheriffs county office and they will soon be deactivating the Emergency Operation center which means that basically theyre not all clear but at least at this point towns and cities are not asking for help. And again this is what were looking like live right now in and it is not raining at the moment. Reporting live, nbc bay area news. That water is moving fast, thank you. We just heard from jeff ranieri a few minutes ago about the rising river levels a Flood Warning is in effect for so many communities across the north bay. Jodi hernandez joins us where the napa river is rising fast. What are we talking about here . Reporter thats right. The napa river is rising at an incredible rate. Were here in saint helena. You can see the napa river and see just how high and just how fast it is flowing and its gone up quite a bit since weve been here. We got here an hour and a half ago and the road here was total dry. We drove right through, there is now water out on the roadway and people here are on guard. Theres a big roar, big rush. I thought it was a tree falling. Multiple crashes of the trees coming down. And then just two huge explosions. Reporter he describes the massive mudslide that barreled down on to his street in this weeks stormy weather. Redwood road has been closed and more than 200 houses have been without power for two days. Pg e is still working to restore it even as new rain falls. Now with the rain kicking back up today its getting a lot muddier. Reporter now with more Flood Warnings issued folks are on alert once again. Creeks and the napa river are once again rising. People are keeping a close watch on water levels. Hoping for the best. Our hope is the rain stops and we can get back to doing the things we usually do here which is enjoy napa valley. Reporter my teenagers are really excited that the proposition of not going to school tomorrow. And were back here live. Youre looking at the napa river. A Flood Warning remains in effect for the napa river. We are understand that the river is expected to crest here sometime tonight. Reporting live in napa county, nbc bay area news. A covert by a house near Hidden Valley lake looks more like a rushing river today. This video sent to us by Robert Montgomery up in wine country and on the peninsula we are getting a good look at some of the damage on highway 84 near woodside thanks to this picture from joanne droe. Were seeing the reason why this part of the highway has been closed down to a single lane for three weeks now. We want to see your pictures and videos just tag us on twitter and instagram. Get now to our top story the ruling by the ninth Circuit Court of appeals in San Francisco against President Trumps travel ban. That ruling unanimous. That means the controversial travel ban remains on hold. Lets bring in nbc scott budman whos at the courthouse and give us some more details and the reaction to this ruling. Reporter it was swift. This is a big deal all over the place especially perhaps here in the bay area where we have a large immigrant population, a lot of Tech Companies all wondering what the justice is inside that building would say. They ruled about an hour ago, all three as you said it was unanimous ruling that the u. S. Government did not prove that failure to reinstate the travel ban would cause irreparable harm. Here is what todays decision means. Meaning people with valid visas from the seven countries, people with green cards, refugees who have be granted permission to come to the united states, they are as free to come as they were two weeks ago. No change in that regard. We at least right now, we wont be going back to that chaos in the airport. Reporter now at least 30 minutes after the decision came down, President Trump tweeted his response in all caps, quote, see you in court. The security of our nation is at stake. Perhaps hinting at a Supreme Court meeting for this travel ban. We also heard from Hillary Clinton on twitter simply 30. Thank you. We posted the entire ruling on our website. You can look through it for yourself. Just go to nbcbayarea. Com. You can also track the responses and updates to this story across all of our digital platforms. Im meteorologist jeff ranieri. Most consistent rainfall happening across the south bay. Were streaming the radar. Im back when it dries out in less than ten minutes. Also ahead a girl scout cookie stand because the scene of a crime. The disturbing turn of events in east bay. And counseling the counselor could force the white house to open an investigation involving Kellyanne Conway were back in a moment. A u. S. Marine ban from the country he fought to convict because of a drug conviction. We traveled south of the border where u. S. Military veterans fight a new battle, to reunite with their families. Tonight at 11 00 on nbc bay area news we investigate. Lets take a look at the roadways right now. Aive look fr our trfic cameras at the commute othegold lets take a look at our roadways. Youre looking at the Golden Gate Bridge on the left, traffic is moving smoothly. Traffic on highway 101 and a bit jammed up there and the commute over the bridge looking good. Be cautious on all the roadways tonight because it is slick from all the rain. Shots fired on muni and two people are in the hospital. The tee line muni was happened on third street when two passengers got in a dispute, one pulled out a gun and shot the other. Now both the gunman and both the person who was shot, thankfully no one else was hurt. The counselor to President Trump has been counseled the white house sll has been spoken to after she urged people to buy vaufrm during a live tv interview. Republican Jason Chaffetz were clearly over the line and she could be subject to an ethics investigation because federal employees are barred from endorsing products. Conways comments came after in order thousands of u. S. Military veterans expose today deportation. This stems from a law passed during president clintons administration. How that policy continues to split apart families. Some of whom are u. S. Citizens, steven. Federal officials can deport any noncitizen for whats called aggravated felonies many of those are relatively minor crimes such as drug possession or failure to appear in court but that expanded list of deportable defenses have swept up hundreds of u. S. Military veterans who were honorably discharged so they were deported resulting in this. Families split apart, veterans who were willing to die for the u. S. Now desperate to return to the only home theyve known. When you hug stephanie and you see her, what goes through your heart and mind . Happiness. Now coming up tonight we take you behind the scenes of one family torn apart to see first hand how this policy continues to impact them even after theyre loved ones served with honor then served their time in prison or jail, then were sent overseas. Thats tonight at 11 on nbc bay area news. Its a compelling story. If you have a tip for steven or anyone else in our investigative unit, give us a call 1888996 tips nbcbayarea. Com. We showed you a giant pod hall in the spillway of the dam today that hole is even larger. You cant see it, though, because californias Water Resources department continued to send water cascading down the damaged spillway. Lake orville is more full than its been with 30 years with water levels 50 feet below the lip of the dam. Some of the imagines were seeing is beautiful and powerful and dangerous. That really is the key warning right now, even if the rain is starting to taper off where you live you still need to watch out for fast rushing creeks, rivers and streams. Its not the time to come out, test things at all. You need to stay away from those bodies of water. Were streaming the radar signal on kozi tv our sister channel. So as we get a look right now at the radar, the strongest line of wet weather is now moving off to the south but as we mentioned theres still a hidden danger here across napa and sonoma counties. Our flash Flood Warning remains until 5 30 tonight that are near bank full if not even a little bit over so watch it closely in your neighborhoods especially in petaluma. As we take you to the Doppler Radar right now the good news north bay has cleared out from the heaviest consistent rainfall. And as we zoom in here for the peninsula and the east bay, its mainly scattered areas of light to moderate rain. The widespread full coverage continues down here throughout san jose with heavier pockets downtown and that also pushes into morgan hill and gilroy. I think we have about another two, maybe three hours left of this consistent rain into south bay and then we will be done with it. So in terms of river levels, we brought you this earlier but i want to update everyone, the crest is still expected to hit flood stages, 34. 9 feet by tomorrow. By this weekend we expect to drop. The napa river going up to 21. 1 feet by 2 00 a. M. Tomorrow morning. Watch things very closely if you live near that napa river and this weekend will be well below flood stage there as well. Alameda creek, the weather here turned deadly along this creek. It has lots of rock and mudslides. You want to avoid this at all costs tonight. Its going back into flood stage along Alameda Creek at 10 00 p. M. At 10. 2 feet and well see a drop into saturday and sunday. Lets get to that changing forecast. You can see for tomorrow morning. Only a few areas of spotty showers left. Roads will be very wet for us. Well keep the chance of scattered rain at night. So definitely not dry tomorrow but nothing in terms of widespread heavy rain. Then check this out. Finally sunny weather starts to build in by 7 30 on saturday morning. Looks like well have a dry picture here from the north bay all the way down to the south bay. As youll see on the extended forecast, we still have several days of drying coming our way not only for saturday, but sunday, monday, tuesday and wednesday. What were eyeing though is maybe another round of wet weather once we hit next thursday, friday and saturday. Still a ways out that dealing with flooding now when we could have the next round of wet weather to move on in and just kind of a fun fact, you know, through all of this that weve been dealing with on sunday, we have 96 sunshine happening and only a 4 of little bit of high cloud cover. Its going to be totally sunny on sunday. I like those chances. The classic taste of San Francisco as mcdonalds. Can it work . The bold new idea being tested at several local mcdonalds. Its okay to cry, right . No more we dont want anymore [crying] ahhhhhhhhhh everyday price and no extra monthly fees, unlike cable. Speeds up to 45 megs, for 30 a month. Happening now on our website you can read that court Ruling Issued late today. The judges rules against President Trumps travel ban. We linked the document to our original article and on our twitter feed the San Francisco attorney is suing five gun suppliers for fraud. The lawsuit accuses the company of selling Large Company happening now sponsored by rent. A cruel robbery on a girl scout it happened in front of a unn a cruel robbery on a girl scout in the east bay. It happened in front of a Union City Grocery store. A 12yearold girl and her mother were selling girl scouts when a teenager walked up with a gun and stole their mother. The mother and daughter were upset but not hurt. The Union City PoliceOfficers Association bought 1,000 worth of girl scouts cookies from the little girl. Take a seat or maybe not. Bart riders will be noticing a change during peak commute hours. The bart board approved removing a row of seats on about half of its cars during rush hour in surveys bart learned commuters were willing to stand rather than miss the train brauz it was too full. The bart cars configuration will be normal for off peak and weekend hours. First it was garlic fries now mcdonalds is testing another item with bay area flare a crab meat sandwich. It consists of snow crab, herb and lettuce on sourdough. It was developed by top chef contestant who has a restaurant in San Francisco. Its on the menu at fourth and available locations. If it does well it will be available all over the bay area. He wants to make it as authentic as possible. Can we with get it tonight . Were back with an update in just a minute. Another check on the roadways. E commute on 101 in san jose right another check of the roadways. A live look from our Traffic Cameras showing the commute on 101 in san jose on your lefthand side. And on the righthand side, the bay bridge toll plaza quite the backup getting into San Francisco. It is pretty rough. Its going to be through the night still. We think the worst would be over the south bay over the next two to three hours and for tomorrow we keep scattered rain in the forecast and still expected to be dry this weekend. Thats the best news so far. Something to look forward to. Thanks for joining us here. Lester holt joins us next from los angeles. Good night folks. Tonight. A federal Appeals Court has just ruled against President Trump. The order blocking enforcement of his travel ban will remain in place. Monster snowstorm blanketing major metropolitan areas. Cities paralyzed. Highways buried. Thousands of flights grounded. Free commercial. Top trump aid kellyann conway under fire for promoting ivanka trumps products. Encouraging viewers to buy them. Did she break the law . Ghost guns. Completely untraceable. Police saying theyre being used to kill. Anyone can buy them with a background check. Its being called a dangerous loophole. Against the odds. Young men excelling